Disposed

K.E.Padmanabhan v. Union of India

Kerala HC22 Jul 2011WP(C)/15467/2005

Case brief

AI extract

What is this about?

The High Court of Kerala directed the State Government to reconsider the eligibility of two freedom fighter petitioners for the Swatantrata Sainik Samman Pension Scheme based on newly produced Personal Knowledge Certificates. The Court mandated recommendations to be forwarded to the Central Government within two months after providing an opportunity of being heard.

What did the court decide?

Reconsideration of eligibility for Swatantrata Sainik Samman Pension Scheme in light of new certificates; recommendation to Union Government within two months.

K.E.Padmanabhan Vs Union of India — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 15467 of 2005(N)

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--------------------------

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PETITIONER

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1. K.E. PADMANABHAN, KARUKAYIL, MANNACHERRY P.O., ALAPPUZHA DISTRICT.

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2. V.G. PADMANABHAN, GOUREESA SADANAM, POLLATHAI P.O., S.L. PURAM, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.T.C.SURESH MENON SRI.K.P.JOSE PIOUS

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RESPONDENT(S):

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1. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, 1ST FLOOR, LOK NAYAK BHAVAN, NEW DELHI.

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2. THE CHIEF CONTROLLER OF ACCOUNTS (PENSION AND MISCELLANEOUS) MINISTRY OF HOME AFFAIRS, PLOT NO.10, GALI NO.1-2, JAM NAGAR HOUSE, NEW DELHI-11.

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3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM.

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4. THE DISTRICT COLLECTOR, ALAPPUZHA.

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5. THE ACCOUNTANT GENERAL (A & E), GOVERNMENT OF KERALA, TRIVANDRUM.

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R1 & 2 BY ADV. SRI.P.PARAMESWARAN NAIR, ASST. S.G.OF INDIA R3-R5 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.7.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15467 of 2005(N)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF THE PESION PAYMENT ORDER ISSUED TO THE FIRST PETITIONER.

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EXT.P2. COPY of the PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER.

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EXT.P3. COPY F THE APPLICATION FOR CENTRAL PENSION SUBMITTED BY THE 1ST PETITIONER DATED 15.4.1998.

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EXT.P4. COPY OF THE APPLICATION FOR CENTRAL PENSION SUBMITTED BY THE 2ND PETITINER DATED 13.4.1998.

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EXT.P5. COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 13.4.1998

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EXT.P6. COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 6.2.99.

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EXT.P7. COPY OF THE CERTIFICATE/EDORSEMENT DATED 24.5.03 ISSUED BY THE CHIEF JUDICIAL 1ST CLASS MAGISTRATE COURT, ALAPPUZHA.

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EXT.P8. COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 31.1.2005.

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EXT.P9. COPY OF THE ORDER PASSED BY THE 1ST RESPNDENT DTD. 31.1.05.

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RESPONDENT'S EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.15467 of 2005

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 22^nd day of July, 2011

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J U D G M E N T

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The petitioners claim to be freedom fighters, who have participated in the Punnapra-Vayalar struggle, which is accepted as part of the Indian freedom movement for the purpose of grant of Freedom Fighters' Pension. They submitted applications for Central Freedom Fighters' Pension under the Swatantrata Sainik Samman (S.S.S.) Pension Scheme, 1980. By Exts.P8 & P9 orders, the Central Government rejected the applications on the ground that the State Government has not recommended their claims and that Personal Knowledge Certificates produced by them are not acceptable, since the certificates do not mention the number of the criminal case in which they were involved. The petitioners now submit that they have now obtained two Personal Knowledge Certificates each, from two other qualified certifiers, which are produced as Exts.P10, P11,

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W.P.(C)No.15467 of 2005

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P12 & P13. The petitioners now seek a direction to the State Government to reconsider the issue in the light of the Personal Knowledge Certificates now produced.

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I have heard the learned Government Pleader and

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the learned Central Government Counsel.

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In the facts and circumstances of the case, I dispose of this writ petition with the following directions:

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The 3^rd respondent shall reconsider the eligibility of the petitioners for Swatantrata Sainik Samman (S.S.S.) Pension Scheme, 1980 in the light of Exts.P10 to P13 Personal Knowledge Certificates now produced by the petitioners. The counsel for the petitioners submits that, the same has already been forwarded to the 3^rd respondent. The 3^rd respondent shall consider the claims of the petitioners in the light of the said certificates and forward their recommendations to the 1^st respondent within two months from the date of receipt of a copy of this judgment. The 1^st respondent shall pass orders on the same within a further period of one month therefrom. Their

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W.P.(C)No.15467 of 2005

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representatives shall be afforded an opportunity of being heard before the 3^rd respondent before deciding the issue.

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S. SIRI JAGAN JUDGE //True copy//

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P.A. TO JUDGE

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shg/

K.E.Padmanabhan v. Union of India

Case brief

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K.E.Padmanabhan v. Union of India

Case brief

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